Holders of Resource Authorities should ensure that their actions
comply with the new land access policy framework before entering
The new regime applies now to exploration and production
tenements under petroleum, geothermal and greenhouse gas storage
legislation, and will soon apply to exploration permits and mineral
development licences (but not mining leases) under mining
A new land access policy framework (Land Access
Regime) has been introduced in Queensland with the
intention that it apply to almost all resource tenements
(Resource Authorities) in Queensland including
Petroleum Act 1923 (Qld);
Petroleum and Gas (Production and Safety) Act 2004 (Qld);
Mineral Resources Act 1989 (Qld);
Geothermal Energy Act 2010 (Qld); and
Greenhouse Gas Storage Act 2009 (Qld).
Only mining leases under the Mineral Resources Act 1989 (Qld)
will have a separate regime.
It commenced with respect to petroleum, geothermal and
greenhouse gas storage tenements (both exploration and production)
on 29 October 2010. Its application to mining exploration permits
and mineral development licences is expected in December 2010.
Under the new Land Access Regime, entry onto land can only occur
if certain procedures have been followed. The procedure to be
followed in any given circumstance will depend on whether the
activities to be carried out are "preliminary activities"
or "advanced activities".
The first step that will need to be taken by the holder of any
Resource Authority preparing to enter the land the subject of the
Resource Authority is therefore to determine whether their proposed
activities are preliminary activities or advanced activities.
In this first part of a two-part article we'll deal with the
requirements for entry onto land under the new regime. Part 2 will
set out details about the process for negotiating a conduct and
compensation agreement, and the content of those agreements.
Preliminary activities and entry requirements
In general, "preliminary activities" are activities
that will have no impact or only a minor impact on the business or
land use activities of the owner or occupier of the land. Examples
given in the legislation include walking on the area, driving along
existing tracks, taking soil samples and survey pegging.
However, certain activities that would normally fall within this
general definition of preliminary activities are expressly excluded
from the definition. Activities that:
are carried out on land that is less than 100ha and used for
intensive farming or broadacre agriculture;
are carried out within 600m of a school or occupied residence;
affect the lawful carrying out of an organic or bio-organic
are expressly excluded from the definition of preliminary
In assessing whether activities are preliminary or not, the
Resource Authority holder will need to have regard to this extended
definition and will need to check whether the proposed activities
are to be carried out on land which would exclude it from the
definition of preliminary activities.
If it is determined that the proposed activities are preliminary
activities, the Resource Authority holder will need to give the
owner or occupier an entry notice at least 10 business days prior
to entry. Upon the giving of that notice and the expiry of the 10
business days, entry to the land can lawfully occur.
Advanced activities and entry requirements
Any activity which is not a preliminary activity will be an
In order to enter land to conduct advanced activities, the
Resource Authority holder will need to either enter into a conduct
and compensation agreement or a deferral agreement or, in the event
that the such agreements are unable to be negotiated, commence
proceedings in the Land Court.
Further details about the negotiation process for conduct and
compensation agreements and the content of those agreements will be
addressed in Part 2 of this series. However, it should be noted
that the Land Court proceedings can only be commenced when the
statutory processes relating to conduct and compensation agreements
in the relevant legislation have been complied with.
As the regime has now commenced for some Resource Authorities,
and will commence for the balance shortly, holders of Resource
Authorities should ensure that their actions comply with the
relevant legislation before entering the land.
The first step to ensure compliance is to assess whether the
proposed activities are preliminary or advanced. Once that step is
completed, the relevant entry requirements can be commenced.
The Council announced planning policies to encourage more inner suburban retirement village and aged care development.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).